No. 6927SC227.

167 S.E.2d 881 (1969)

5 N.C. App. 209

STATE of North Carolina v. Paul David KELLY.

Court of Appeals of North Carolina.

June 18, 1969.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Staff Atty. Dale Shepherd, Raleigh, for the State.

Robert H. Forbes, Gastonia, for defendant appellee.

MORRIS, Judge.

This case presents for determination the question of whether a superior court judge may order that credit be given on a valid sentence, previously imposed in another county and by another judge, for time which a party has served on a separate invalid sentence? We think the answer is "no".

At the outset, we note that we are not dealing with a case in which the party has been tried, sentenced, and served part of the sentence and then obtained...

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